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  1. #1
    Join Date
    Nov 2009
    Posts
    5

    Default Appealing a Conviction Based on a Plea

    My question involves criminal law for the state of: Texas
    My son-in-law took a plea for a guranteed 10 yrs instead of gambling on 25 to life, despite the fact that he is innocent (really) - Long story

    Question - if the court gives permission to appeal, and if found guilty, would he still keep the 10 year plea sentence or could he be sentenced to more than that?

    if you need any more info I will be glad to give it to you. I am not getting into the details right now because it is a very complicated and long story.

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Appealing a Conviction Based on a Plea

    Quote Quoting dunnce
    View Post
    My question involves criminal law for the state of: Texas
    My son-in-law took a plea for a guranteed 10 yrs instead of gambling on 25 to life, despite the fact that he is innocent (really) - Long story

    Question - if the court gives permission to appeal, and if found guilty, would he still keep the 10 year plea sentence or could he be sentenced to more than that?

    if you need any more info I will be glad to give it to you. I am not getting into the details right now because it is a very complicated and long story.
    If he pled guilty then he is unable to appeal. He admitted to the Judge he did what ever it was that he was accused of. He is guilty. Period. I would guess that it was some form of child abuse based on your posting history...

  3. #3
    Join Date
    Nov 2009
    Posts
    5

    Default Re: Appealing a Conviction Based on a Plea

    You're like eveyone else - jumping to conclusions without all the facts. In his plea, he had to admit that he did the deed. However, he did not confess in his plea that he had knowledge of it at the time. This is the basis of the defense. In order for it to be a crime, you must have intentiion and knowldege of the act. As I said, this is a very complicated case. The facts involved we have verified.

    As far as my "history" I worked for CPS for 10 years and know what I am talking about. I would not assume anything about you because I do not know the facts.

    I would also like to say that the plea does stipulate that the court can give permission for an appeal.

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